C/- Cardno (Qld) Pty Ltd Level 11, 515 St Pauls Terrace Locked … - s334 Notice... ·...

Wide Bay – Burnett Region PO Box 979 BundabergQueensland 4670 AustraliaTelephone (07) 4331 5614Website www.dilgp.qld.gov.au

Our reference: SDA-0217-037198Your reference: 7640-74

24 April 2017

Cherbourg Aboriginal Shire CouncilC/- Cardno (Qld) Pty LtdLevel 11, 515 St Pauls TerraceLocked Bag 4006FORTITUDE VALLEY QLD [email protected]

Attention: Ms Tracey Hooper

Dear Ms Hooper

Notice of decisionCollins Road, Cherbourg – Lot 399 on SP280472(Given under Section 334 of the Sustainable Planning Act 2009)

The Department of Infrastructure, Local Government and Planning advises that the development application described below has been approved subject to conditions.

Applicant details

Applicant name: Cherbourg Aboriginal Shire Council

C/- Cardno (Qld) Pty Ltd

Site details

Lot on plan: Lot 399 on SP280472

Local government area: Cherbourg Aboriginal Shire Council

Application details

Proposed development: Development Permit for Operational Works (Waterway Barrier Works)

A decision notice for this application is attached.

http://www.dilgp.qld.gov.au

SDA-0217-037198

Department of Infrastructure, Local Government and Planning Page. 2

Copies of the following documents are also attached: relevant appeal provisions in the Sustainable Planning Act 2009 any plans and specifications approved in relation to the decision notice.

If you require any further information, please contact Peter Mulcahy, Principal Planning Officer on (07) 4331 5614 or via email at [email protected] who will be pleased to assist.

Yours sincerely

Nathan RuleDirector, Southern Region

enc: Decision NoticeAttachment 1—Assessment manager conditionsAttachment 2—Reasons for decision to impose conditions Attachment 3—Further adviceAttachment 4—SPA appeal provisionsAttachment 5—Approved plans and specifications

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Decision notice(Given under Section 334 of the Sustainable Planning Act 2009)

Applicant details

Applicant name: Cherbourg Aboriginal Shire Council

C/- Cardno (Qld) Pty Ltd

Applicant contact details: Level 11525 St Pauls Terrace

Locked Bag 4006FORTITUDE VALLEY QLD 4006 [email protected]

Application details

Level of assessment: Code Assessment

Properly made date: 10 February 2017

Site details

Street address: Collins Road, Cherbourg

Lot on plan: Lots 399 on SP280472

Name of owner: Cherbourg Aboriginal Shire Council

Decision

Date of decision: 24 April 2017

Decision details: Approved subject to conditions

This application is taken to have been approved under Section 331 of the Sustainable Planning Act 2009.

Referral agencies

There were no referral agencies for this application.

Conditions

This approval is subject to: the Assessment Manager conditions in Attachment 1 there are no Concurrence Agency conditions for this approval.

The Department has, for particular conditions of this approval, nominated an entity to be the assessing authority for that condition under Section 255D(3) of the Sustainable Planning Act 2009.

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Aspects of development and development approval granted

Nature of Development

Approval Type

Brief Description of Proposal Level of Assessment

Operational Works Development Permit

Waterway Barrier Works Code Assessment

Properly made submissions

Not applicable—No part of the application required impact assessment.

Rights of appeal

The rights of applicants to appeal to the Planning and Environment Court against decisions about a development application are set out in Chapter 7, Part 1, Division 8 of the Sustainable Planning Act 2009. For particular applications, there may also be a right to appeal to the Building and Development Dispute Resolution Committee (see Chapter 7, Part 2 of the Act).

Copies of the relevant appeal provisions are attached.

Relevant period for the approval

This development approval will lapse if development is not started within the relevant periods stated in Section 341 of the Act, specifically two (2) years.

Approved plans and specifications

Copies of the following approved plans and specifications are attached:

Drawing/Report Title Prepared by Date Reference no. Version/IssueAspect of development: Development Permit for Operational Works (Waterway Barrier Works)Plan (Drainage Channel)

Cardno 21 February 2017

746074-CI-200 Revision B

Cross Sections (Drainage Channel 01)



Cross Sections (Drainage Channel 01 & 02)


746074-CI-204 Revision A

Cross Sections (Drainage Channel 03 & 04)



Landscaping, fencing and tree planting typical diversion channel section


746074-LA-105 Revision A

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Attachment 1—Assessment manager conditions

No. Conditions of development approval Condition timing

Development Permit for Operational Works (Waterway Barrier Works)

Schedule 6, Table 3, Item 11 of the Sustainable Planning Regulation 2009—Pursuant to Section 255D of the Sustainable Planning Act 2009, the chief executive administering the Act nominates the Director-General of the Department of Agriculture and Fisheries to be the assessing authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following conditions:

Constructing or raising waterway barrier works

1. This approval is for Operational Works (construction or raising waterway barrier works) that is a waterway diversion and seven sediment ponds within a tributary of Barambah Creek, East of Cherbourg and show in:

Plan (Drainage Channel) prepared by Cardno, Drawing No. 764074-CI-200, Revision B dated 21 February 2017

Cross Sections (Drainage Channel 01) prepared by Cardno, Drawing 764074-CI-203, Revision B dated 21 February 2017

Cross Sections (Drainage Channel 01 & 02) prepared by Cardno, Drawing 746074-CI-204, Revision A dated 21 February 2017

Cross Sections (Drainage Channel 03 & 04) prepared by Cardno, Drawing 746074-CI-205, Revision B dated 21 February 2017

Landscaping, fencing and tree planting typical diversion channel section prepared by Cardno, Drawing 764074-LA-105 Revision A dated 10 February 2017.

At all times

2. Provide written notice to [email protected], when the development authorised under this approval has started, and when it has been completed.

These notices must state this permit number, the location and the condition number under which the notice is being given.

The notice advising of the completion date must also include a report documenting the completed development works, including but not limited to:

photographs taken before, during and after the development works at specific photo-monitoring sites.

At least five (5) business days but not greater than twenty (20) business days prior to the commencement of fisheries development works.

And then, as to the notice advising of the completion date, within fifteen (15) business days of the completion of the fisheries development works.

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No. Conditions of development approval Condition timing

Incorporation of fish ways

3. The effective operation of the fish passage aspects of the structure must be maintained for the life of the barrier. This maintenance must include regular, documented inspections of the structures (fish way, baffles, roughening etc.) especially after flood events, and prompt clearing of debris or rectifying any other failures, malfunctions, breakdowns or other impediments to fish movement.

At all times.

Construction

4. The construction, or raising, of the waterway barrier is to be performed in such a manner as to avoid or minimise direct or indirect disturbance to the bed and banks adjacent to the approved footprint of the works as shown on Plan (Drainage Channel) prepared by Cardno, Drawing No. 764074-CI-200, Revision B dated 21 February 2017.

At all times.

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Attachment 2—Reasons for decision to impose conditions

To ensure the development is carried out in the location and to the extent specified on the approved plans of development.

To facilitate the monitoring of the development work for compliance purposes. To ensure the fish way remains operational and a feasible and reliable solution providing

adequate fish passage for as long as the waterway barrier is in position. To ensure the development does not cause, or minimizes direct or indirect disturbance to the

bed and banks adjacent to the approved footprint of works.

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Attachment 3—Further Advice

Temporary Waterway Barrier Works

1. Temporary waterway barrier works (construction pad and silt curtains) associated with the permanent works are to be constructed in accordance with the Department of Agriculture and Fisheries (DAF) self-assessable code which can be found at the DAF website (https://www.daf.qld.gov.au/__data/assets/pdf_file/0004/64903/temporary-code-WWBW02.pdf).

https://www.daf.qld.gov.au/__data/assets/pdf_file/0004/64903/temporary-code-WWBW02.pdf

https://www.daf.qld.gov.au/__data/assets/pdf_file/0004/64903/temporary-code-WWBW02.pdf

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Attachment 4—SPA Appeal Provisions

Sustainable Planning Act 2009—Representation and appeal provisionsThe following relevant appeal provisions are provided in accordance with Section 336(a) of the Sustainable Planning Act 2009.

Chapter 6 Integrated development assessment system (IDAS)

Part 8 Dealing with decision notices and approvals

Division 1 Changing decision notices and approvals during applicant’s appeal period

360 Application of div 1This division applies only during the applicant’s appeal period.

361 Applicant may make representations about decision(1) The applicant may make written representations to the assessment manager about—

(a) a matter stated in the decision notice, other than a refusal or a matter about which a concurrence agency told the assessment manager under section 287(1) or (5); or

(b) the standard conditions applying to a deemed approval.(2) However, the applicant cannot make representations under subsection (1)(a) about a

condition attached to an approval under the direction of the Minister.

362 Assessment manager to consider representationsThe assessment manager must consider any representations made to the assessment manager under section 361.

363 Decision about representations(1) If the assessment manager agrees with any of the representations about a decision notice or

a deemed approval, the assessment manager must give a new decision notice (the negotiated decision notice) to—(a) the applicant; and(b) each principal submitter; and(c) each referral agency; and(d) if the assessment manager is not the local government and the development is in a local

government area—the local government.(2) Before the assessment manager agrees to a change under this section, the assessment

manager must consider the matters the assessment manager was required to consider in assessing the application, to the extent the matters are relevant.

(3) Only 1 negotiated decision notice may be given.(4) The negotiated decision notice—

(a) must be given within 5 business days after the day the assessment manager agrees with the representations; and

(b) must comply with section 335; and(c) must state the nature of the changes; and(d) replaces—

(i) the decision notice previously given; or(ii) if a decision notice was not previously given and the negotiated decision notice

relates to a deemed approval—the standard conditions applying to the deemed approval.

(5) If the assessment manager does not agree with any of the representations, the assessment manager must, within 5 business days after the day the assessment manager decides not to

SDA-0217-037198


agree with any of the representations, give written notice to the applicant stating the decision about the representations.

364 Giving new notice about charges for infrastructure(1) This section applies if the development approved by the negotiated decision notice is different

from the development approved in the decision notice or deemed approval in a way that affects the amount of an infrastructure charge, regulated infrastructure charge or adopted infrastructure charge.

(2) The local government may give the applicant a new infrastructure charges notice under section 633, regulated infrastructure charges notice under section 643 or adopted infrastructure charges notice under section 648F to replace the original notice.

366 Applicant may suspend applicant’s appeal period(1) If the applicant needs more time to make the representations, the applicant may, by written

notice given to the assessment manager, suspend the applicant’s appeal period.(2) The applicant may act under subsection (1) only once.(3) If the representations are not made within 20 business days after the day written notice was

given to the assessment manager, the balance of the applicant’s appeal period restarts.(4) If the representations are made within 20 business days after the day written notice was given

to the assessment manager—(a) if the applicant gives the assessment manager a notice withdrawing the notice under

subsection (1)—the balance of the applicant’s appeal period restarts the day after the assessment manager receives the notice of withdrawal; or

(b) if the assessment manager gives the applicant a notice under section 363(5)—the balance of the applicant’s appeal period restarts the day after the applicant receives the notice; or

(c) if the assessment manager gives the applicant a negotiated decision notice—the applicant’s appeal.

Chapter 7 Appeals, offences and enforcement

Part 1 Planning and Environment Court

Division 8 Appeals to court relating to development applications and approvals

461 Appeals by applicants(1) An applicant for a development application may appeal to the court against any of the

following—(a) the refusal, or the refusal in part, of the development application;(b) any condition of a development approval, another matter stated in a development

approval and the identification or inclusion of a code under section 242;(c) the decision to give a preliminary approval when a development permit was applied for;(d) the length of a period mentioned in section 341;(e) a deemed refusal of the development application.

(2) An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—(a) if a decision notice or negotiated decision notice is given—the day the decision notice or

negotiated decision notice is given to the applicant; or(b) otherwise—the day a decision notice was required to be given to the applicant.

(3) An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 Appeals by submitters—general(1) A submitter for a development application may appeal to the court only against—

(a) the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or

(b) the part of the approval relating to the assessment manager’s decision under section 327.

(2) To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—

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(a) the giving of a development approval;(b) any provision of the approval including—

(i) a condition of, or lack of condition for, the approval; or(ii) the length of a period mentioned in section 341 for the approval.

(3) However, a submitter may not appeal if the submitter—(a) withdraws the submission before the application is decided; or(b) has given the assessment manager a notice under section 339(1)(b)(ii).

(4) The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 Additional and extended appeal rights for submitters for particular development applications

(1) This section applies to a development application to which chapter 9, part 7 applies.(2) A submitter of a properly made submission for the application may appeal to the court about a

referral agency’s response made by a concurrence agency for the application.(3) However, the submitter may only appeal against a referral agency’s response to the extent it

relates to—(a) development for an aquacultural ERA; or(b) development that is—

(i) a material change of use of premises for aquaculture; or(ii) operational work that is the removal, damage or destruction of a marine plant.

(4) Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—

i. a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive;

ii. a referral agency’s response mentioned in subsection (2).

464 Appeals by advice agency submitters(1) Subsection (2) applies if an advice agency, in its response for an application, told the

assessment manager to treat the response as a properly made submission.(2) The advice agency may, within the limits of its jurisdiction, appeal to the court about—

(a) any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or

(b) any part of the approval relating to the assessment manager’s decision under section 327.

(3) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.

(4) However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 Appeals about decisions relating to extensions for approvals(1) For a development approval given for a development application, a person to whom a notice

is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.

(2) The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

(3) Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.

(4) An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 Appeals about decisions relating to permissible changes(1) For a development approval given for a development application, the following persons may

appeal to the court against a decision on a request to make a permissible change to the approval—(a) if the responsible entity for making the change is the assessment manager for the

application—(i) the person who made the request; or(ii) an entity that gave a notice under section 373 or a pre-request response notice

about the request;

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(b) if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.

(2) The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.

(3) Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.

(4) An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency

(1) A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.

(2) The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

Division 11 Making and appeal to Court

481 How appeals to the court are started(1) An appeal is started by lodging written notice of appeal with the registrar of the court.(2) The notice of appeal must state the grounds of the appeal.(3) The person starting the appeal must also comply with the rules of the court applying to the

appeal.(4) However, the court may hear and decide an appeal even if the person has not complied with

subsection (3).

482 Notice of appeal to other parties—development applications and approvals(1) An appellant under division 8 must give written notice of the appeal to—

(a) if the appellant is an applicant—(i) the chief executive; and(ii) the assessment manager; and(iii) any concurrence agency; and(iv) any principal submitter whose submission has not been withdrawn; and(v) any advice agency treated as a submitter whose submission has not been

withdrawn; or(b) if the appellant is a submitter or an advice agency whose response to the development

application is treated as a submission for an appeal—(i) the chief executive; and(ii) the assessment manager; and(iii) any referral agency; and(iv) the applicant; or

(c) if the appellant is a person to whom a notice mentioned in section 465(1) has been given—(i) the chief executive; and(b) the assessment manager for the development application to which the notice relates;

and(c) any entity that was a concurrence agency for the development application to which

the notice relates; and(d) the person who made the request under section 383 to which the notice relates, if the

person is not the appellant; or(d) if the appellant is a person mentioned in section 466(1)—

(i) the chief executive; and(ii) the responsible entity for making the change to which the appeal relates; and(iii) the person who made the request to which the appeal relates under section 369, if

the person is not the appellant; and(iv) if the responsible entity is the assessment manager—any entity that was a

concurrence agency for the development application to which the notice of the decision on the request relates; or

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(e) if the appellant is a person to whom a notice mentioned in section 467 has been given—the entity that gave the notice.

(2) The notice must be given within—(a) if the appellant is a submitter or advice agency whose response to the development

application is treated as a submission for an appeal—2 business days after the appeal is started; or

(b) otherwise—10 business days after the appeal is started.(3) The notice must state—

(a) the grounds of the appeal; and(b) if the person given the notice is not the respondent or a co-respondent under section

485—that the person may, within 10 business days after the notice is given, elect to become a co-respondent to the appeal by filing in the court a notice of election in the approved form.

485 Respondent and co-respondents for appeals under div 8(1) Subsections (2) to (8) apply for appeals under sections 461 to 464.(2) The assessment manager is the respondent for the appeal.(3) If the appeal is started by a submitter, the applicant is a co-respondent for the appeal.(4) Any submitter may elect to become a co-respondent for the appeal.(5) If the appeal is about a concurrence agency’s response, the concurrence agency is a co-

respondent for the appeal.(6) If the appeal is only about a concurrence agency’s response, the assessment manager may

apply to the court to withdraw from the appeal.(7) The respondent and any co-respondents for an appeal are entitled to be heard in the appeal

as a party to the appeal.(8) A person to whom a notice of appeal is required to be given under section 482 and who is

not the respondent or a co-respondent for the appeal may elect to be a co-respondent.(9) For an appeal under section 465—

i. the assessment manager is the respondent; andii. if the appeal is started by a concurrence agency that gave the assessment manager a

notice under section 385—the person asking for the extension the subject of the appeal is a co-respondent; and

iii. any other person given notice of the appeal may elect to become a co-respondent.(10) For an appeal under section 466—

(a) the responsible entity for making the change to which the appeal relates is the respondent; and

(b) if the responsible entity is the assessment manager—(i) if the appeal is started by a person who gave a notice under section 373 or a pre-

request response notice—the person who made the request for the change is a co-respondent; and

(ii) any other person given notice of the appeal may elect to become a co-respondent.(11) For an appeal under section 467, the respondent is the entity given notice of the appeal.

488 How an entity may elect to be a co-respondentAn entity that is entitled to elect to be a co-respondent to an appeal may do so, within 10 business days after notice of the appeal is given to the entity, by following the rules of court for the election.

490 Lodging appeal stops particular actions(1) If an appeal, other than an appeal under section 465, 466 or 467, is started under division 8,

the development must not be started until the appeal is decided or withdrawn.(2) If an appeal is about a condition imposed on a compliance permit, the development must

not be started until the appeal is decided or withdrawn.(3) Despite subsections (1) and (2), if the court is satisfied the outcome of the appeal would not

be affected if the development or part of the development is started before the appeal is decided, the court may allow the development or part of the development to start before the appeal is decided.

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Attachment 5—Approved plans and specifications

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XREF's: XR_764074-DSGN STRS; XR_764074-SURVEY; XR-764074 GoogleImage; XR_764074-DSGN ADDD; XR_764074-PSTN-SITE; XR_764074-PIPEWORK; XR_764074-DGE CTRL; XR_764074-NTRL SURF CONTS

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XREF's: XR_764074_A1SHEET

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DATE PLOTTED: 24 March 2017 3:08 PM BY : DAVID GRAY

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2W

eb: w

ww.ca

rdno

.com.

au

2000

SCAL

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4000

6000

8000

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IN A

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CEN

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C/- Cardno (Qld) Pty Ltd Level 11, 515 St Pauls Terrace Locked … - s334 Notice... ·...

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Transcript of C/- Cardno (Qld) Pty Ltd Level 11, 515 St Pauls Terrace Locked … - s334 Notice... ·...